Dictionary of Law
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

direct and proximate cause :: legal definition


Direct and proximate cause - n. the immediate reason damage was caused by an act or omission (negligence); the negligence must have caused the damages, without intervention of another party, and can- not be remote in time or place. Example (in a complaint): "Defendant's negligent acts (speeding and losing control of his vehicle) directly and proximately caused plaintiff's injuries."

See also: cause complaint proximate cause and Related Law Terms ↓


Related Law Terms

act of God :: n. a natural catastrophe which no one can prevent ... atural event. God knows the answer!
amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer
but for rule :: n. one of several tests to determine if a defendan ... e damage. See also: proximate cause
care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless
cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence
count :: n. each separate statement in a complaint which st ... also: cause of action common counts
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
dangerous :: adj. unsafe, hazardous, fraught with risk. It can ... eapon's range. See also: negligence
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
disfigure :: v. to cause permanent change in a person's body, p ... . See also: damages general damages
duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care
exemplary damages :: n. often called punitive damages, these are damage ... See also: damages punitive damages
gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint
gross negligence :: n. carelessness which is in reckless disregard for ... damages negligence punitive damages
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
injunctive relief :: n. a court-ordered act or prohibition against an a ... t injunction restraining order writ
injury :: n. any harm done to a person by the acts or omissi ... nction injunctive relief negligence
intervening cause :: n. an event which occurs between the original impr ... cause negligence superseding cause
joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant.
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance
omission :: n. 1) failure to perform an act agreed to, where t ... of contract negligence reformation
pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead
prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
property damage :: n. injury to real or personal property through ano ... l value. See also: damages property
proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence
remote :: adj., adv. extremely far off or slight. Evidence m ... ee also: immaterial proximate cause
res ipsa loquitur :: (rayz ip-sah loh-quit-her) n. Latin for "the thing ... plex doctrine. See also: negligence
rescue doctrine :: n. the rule of law that if a rescuer of a person h ... to the car grill. See also: damages
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
strict liability :: n. automatic responsibility (without having to pro ... bility negligence res ipsa loquitur
suffering :: n. the pain, hurt, inconvenience, embarrassment an ... njury negligence pain and suffering
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
summons :: n. a document issued by the court at the time a la ... use service service of process writ
superseding cause :: n. the same as an "intervening cause" or "superven ... : intervening cause proximate cause
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability
wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause
Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company.
wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members).

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - D

D.A. :: n. slang for District Attorney. ... n. slang for District Attorney.
d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state.
D.U.I. :: n. short for driving under the influence of alcoho ... ing under the influence of alcohol.
D.W.I. :: n. 1) short for driving while intoxicated. 2) abbr ... for dying without issue (children).
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
dangerous :: adj. unsafe, hazardous, fraught with risk. It can ... eapon's range. See also: negligence
dangerous weapon :: n. any gun, knife, sword, crossbow, slingshot or o ... igence and possibly win a judgment.
date rape :: n. forcible sexual intercourse by a male acquainta ... physical resistance. See also: rape
day in court :: n. popular term for everyone's opportunity to brin ... rt to protest his speeding ticket."
de facto :: adj. Latin for "in fact." Often used in place of " ... ave not been met. See also: de jure
de facto corporation :: n. a company which operates as if it were a corpor ... also: de facto de jure ultra vires
de jure :: adj. Latin for "lawful," as distinguished from de ... also: de facto de jure corporation
de jure corporation :: n. a corporation in good standing under the law, a ... also: de facto corporation de jure
de minimis :: adj. (dee-minnie-miss) Latin for "of minimum impor ... deal, a $10 mistake is de minimis.
de novo :: adj. Latin for "anew," which means starting over, ... n, de novo. See also: trial de novo
deadly weapon :: n. any weapon which can kill. This includes not on ... See also: assault dangerous weapon
dealer :: n. anyone who buys goods or property for the purpo ... ins taxes by buying other property.
death penalty :: n. the sentence of execution for murder and some o ... rder and some other capital crimes.
death row :: n. nickname for that portion of a prison in which ... o: capital punishment death penalty
debenture :: n. a form of bond certificate issued by a corporat ... n shares of stock or general bonds.